Graeme Fraser comments on a cohabiting partner winning a Supreme Court pension dispute in Family Law Week

The Supreme Court has unanimously allowed an appeal by Denise Brewster and declared that the requirement in the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2009 that the appellant and her late partner, William McMullan, should have made a nomination to the pension scheme should be disapplied. As a consequence, Ms Brewster will be entitled to receive a survivor’s pension under the scheme.

Graeme Fraser, Partner in the Family department at Hunters Solicitors and Chair of Resolution’s Cohabitation Committee, said:

“[This] Supreme Court decision is highly significant for millions of unmarried couples in the UK in being placed on a fairer footing. It is hoped that this decision will pave the way for further recognition of their family rights and needs not only by the Courts but by Parliament.

“As the fastest growing family type in the UK, it’s crucial that these 3.3m cohabiting couples, alongside any children they may have, are provided considerably greater legal protection. Otherwise, as things stand, they are left vulnerable on the death of their partner or on relationship breakdown – hopefully [the] verdict paves the way for this to change.”